Employment Law

Other Employment Law Considerations

Can your employer force you to take a polygraph test?

A federal law known as the Employee Polygraph Protection Act establishes some strict limits on employers’ imposing a requirement on employees to take polygraph or lie-detector tests. There are some exceptions, as government employees can be subjected to such examinations. Furthermore, the law contains an “ongoing investigation” exception which means that an employer can require an employee to participate in a polygraph if there is an investigation regarding embezzlement or theft at the employer’s place of business and the employee had access to the property in question and the employer has reasonable suspicion that the employee had involvement in the embezzlement or theft.

Many states have laws on the books that limit and restrict the use of polygraphs as well. Your attorney should be able to tell you whether your employer is in compliance with federal and state law regarding a polygraph or requested polygraph.